Study On Civil Compensation System For Occupational Diseases

There are two types of injury in our country,one is accidental injury and the other is occupational disease.In addition to third-person harm cases in our country,employees can only receive compensation through work-related injury insurance after an occupational injury.However,occupational-disease-related injury is different from ordinary injury,and there are great differences in the causes of harm and the consequences.Article 58 of the Prevention and Prevention of Occupational Diseases Law provides that in addition to the benefits of work-related injury insurance,the occupational-disease patient can also file a civil compensation litigation,which Embodies the special protection for patients with occupational diseases,helps maintain fairness and justice,and ensures social harmony and stability.However,in judicial practice,the winning rate of civil compensation for occupational-disease patients is very low,and the calculation standards are also very different.This article first analyzes the value of the establishment of civil compensation system for occupational diseases in China.This system is conducive to safeguarding the legitimate rights and interests of patients with occupational diseases,promoting the updating of the concept of work-related injury insurance,and maintaining a harmonious labor relationship.Secondly,this paper analyzes the predicament of the civil compensation for occupational diseases.The system mainly faces four problems in its implementation:there are different attitudes about whether to support civil compensation for occupational diseases;The calculation method of civil compensation is unclear;there are differences in the application of the principle of civil liability.Finally,it puts forward some suggestions for improving the civil compensation system for occupational diseases in China so that the law can adjust and guide practical activities more reasonably and effectively.